NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS
SWEEPSTAKES. A PURCHASE DOES NOT INCREASE OR IMPROVE YOUR CHANCE OF WINNING.
The One Home One Solution Giveaway
Sweepstakes (“Sweepstakes”) begins at 12:00PM Pacific Time
(“PT”) on February 1, 2023 and ends at 11:59PM PT on October 18, 2023 (“Sweepstakes
Period”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by entering, entrant agrees to
be bound by them.
ELIGIBILITY: Void where
prohibited by law. Legal residents of
Quebec and Rhode Island are not eligible to enter or win. Unless otherwise provided herein, the Sweepstakes
is open only to employees of Sponsor Partners of Nice North America LLC and its
subsidiaries who are legal residents of Canada, the 50 United States and the District
of Columbia, who are at least of the legal age of majority in the state, province or territory in which they reside, but in any event
no less than age 18, at the time of entry (“Entrant”). The term Sponsor Partners, as used herein,
includes dealers, distributor and builders of Sponsor and its subsidiaries, and
any dispute as to whether a person qualifies as a Sponsor Partner shall be
determined by Sponsor in its sole and absolute discretion. Employees, directors and officers of Sponsor,
its licensors and prize providers, and each of their promotion agencies and
other parties involved in the implementation and execution of the Sweepstakes
and their respective parent companies, subsidiaries and affiliates (“Sweepstakes
Entities”), as well as members of such employees, directors
and officers’ immediate families (spouses, children, siblings, parents) or
households (whether or not related), are not eligible to participate in the Sweepstakes.
Winners shall be required to sign an Affidavit of Eligibility and
Liability/Publicity Release (the “Affidavit/Release”) as a condition to
the delivery of the applicable prize.
HOW TO ENTER:
To enter, you must complete the following during the Sweepstakes Period
(each of which shall constitute an Entry):
· Visit https://go.niceforyou.com/one-home-one-solution (the
“Website”) during the Sweepstakes Period, complete the online entry form with
the required information and submit as directed.
ALL ENTRIES MUST BE
RECEIVED BY THE END OF THE SWEEPSTAKES PERIOD. There
is no limit to the number of Entries per person/email address during the Sweepstakes
Period. Non-winning Entries will be eligible for
subsequent drawings during the Sweepstakes, provided that the Entrant has not
yet won a prize. All Entries become the
sole property of the Sponsor and none will be returned
for any reason.
No
copies, facsimiles or mechanical reproductions of Entries will be accepted. Sponsor
expressly reserves the right to disqualify any Entry, in its sole discretion,
that appears to be generated by a so-called “spam” or automated e-mail program
or via scripts and automated submission.
Hats and t-shirts will be given away for completing the form, while supplies last.
PRIZES AND ODDS OF WINNING:
There
shall be 35 Dewalt Heavy Duty tool belt prizes (each
a “tool belt prize”), and each tool belt prize winner will receive:
·
One
(1) Dewalt Heavy Duty tool belt selected by Sponsor (Approximate
Retail Value: $75.00)
There
shall be 35 Ogio Basis backpack prizes (each a “backpack
prize”), and each backpack prize winner
will receive:
· One (1) Ogio
Basis backpack selected by Sponsor (Approximate Retail Value: $48.10)
There shall be one (1) grand prize (“Grand Prize”), and the
Grand Prize winner shall receive:
· Five-night/Four-day vacation package for two (2)
adults to Venice, Italy (for travel within a year from the awarding of the
Grand Prize). Grand Prize includes one
room (double occupancy), round trip airfare (coach) for two (2) adults
originating in the United States or Canada, and local airport transfers (Grand
Prize Approximate Retail Value: $8,700.00).
Accommodations and airline shall be selected by Sponsor in its complete
discretion. All expenses and incidental
travel costs not expressly stated in the Grand Prize package description above
are not included and are the sole responsibility of the Grand Prize
winner.
Total approximate retail
value (“ARV”) of all prizes offered: $13,008.50.
Entries
and prizes are nontransferable. Prize restrictions may apply per the prize
provider issuing the prize. All prizes will be awarded if the number of
eligible entries received equals or exceeds the number of prizes. One prize per
person. Grand Prize winner and travel companion are solely responsible for
obtaining all documents necessary for their respective international travel
(i.e., passport/visa), if applicable, and Grand Prize winner and travel
companion must obey all local laws regarding lodging restrictions.
Odds
of winning depend upon the number of eligible Entries received during the Sweepstakes
Period.
WINNER SELECTION: Winners will be randomly selected in drawings
according to the following schedule:
·
Drawings for five
(5) tool belt prizes and five (5) backpack prizes shall be conducted on each of
the following dates: April 4, 2023, May 3, 2023, June 7, 2023, July 5,
2023, August 2, 2023, September 6, 2023 and October
4, 2023.
·
Drawing for the
Grand Prize shall be held on October 25, 2023.
The
drawings will be conducted by the Administrator at Sponsor’s offices located at
5919 Sea Otter Place, Suite 100, Carlsbad, California USA. The
decisions of the Sponsor are final and binding in all matters relating to this Sweepstakes.
The Administrator will notify the potential winners by email, and by publication of the names on the
Website following the drawing date. If such notification is
undeliverable or no acknowledgement is received by the Administrator from the
potential prize winner within five (5) business days of the date of notification or attempted notification, then such potential
prize winner will be disqualified, and an alternate winner may be selected in Sponsor’s sole discretion.
If a prize is refused, a prize notification is returned or deemed
undeliverable, or the potential winner is disqualified for any reason, an
alternate winner may be selected. Potential prize winner (or parent or legal
guardian if potential prize winner is considered a minor in the legal jurisdiction
of his or her residence) will be required to execute and return an Affidavit of
Eligibility/Release of Liability and, if applicable, a completed IRS W-9 form
(or applicable Canadian equivalent for Canadian winners) within two (2)
business days of the date of issuance of such documents. Potential prize winner’s failure to return
all required forms in this two (2) business day time
period may result in the potential prize winner being disqualified and an
alternate winner may be selected at Sponsor’s sole discretion. Canadian winners will be required to
correctly answer a skill question in order to receive
their prize.
LICENSES AND REPRESENTATIONS: By submitting
an Entry, you hereby grant Sponsor, its licensees, distributor, agents,
representatives and other authorized users, a perpetual, exclusive,
irrevocable, royalty-free, sub-licensable, and transferrable (in whole or in
part) license throughout the universe under all copyright, trademark, patent,
trade secrets, moral and privacy and publicity rights and other intellectual
property rights you own or control to use, reproduce, transmit, display,
exhibit, distribute, index, comment on, modify, create derivative works,
perform, and otherwise exploit such Entry, in whole or in part, in all media formats
now known or hereafter devised (including on Sponsor sites, on third party
websites, on broadcast and cable networks and stations, on broadband and
wireless platforms, and on physical media) for any and all purposes including
entertainment, news, advertising, promotional, marketing, publicity, trade or
commercial purposes, all without further notice to you, with or without
attribution, and without the requirement of any permission from or payment to
you or to any other person or entity. By
submitting an Entry, you represent and warrant that you own or have the
necessary rights, licenses, consents and permissions,
without the need for any permission from or payment to any other person or
entity, to exploit all elements of the Entry in all manners contemplated by
these Official Rules.
GENERAL CONDITIONS AND RELEASES: An entrant or winner may be disqualified from the Sweepstakes
if he or she fails to comply with each provision of these Official Rules, as
determined in the sole discretion of Sponsor.
Sweepstakes
Entities are not responsible for incorrect or inaccurate transcription of Entry
information, or for any human or other error, technical malfunctions,
lost/delayed data or voice transmission, omission, interruption, deletion,
defect, line failures of any telephone network, computer equipment, software,
inability to access any online service or Website or to complete a telephone
call or facsimile transaction, or any other error or malfunction, or late, lost
or misdirected mail, or any injury or damage to Entrant’s or any other person’s
computer related to or resulting from participation in this Sweepstakes.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY
DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND
CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO
PROSECUTE ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST
EXTENT PERMITTED BY LAW.
In
the event of a dispute regarding the identity of the person submitting the
Entry, the Entry will be deemed to be submitted by the person whose name is
registered to the e-mail account, and should the person not be able to prove
his/her identity against the registered name the Entry will be rejected and
result in the disqualification of the Entrant from the Sweepstakes.
Winners
will be responsible for all insurance and taxes (including but not limited to
federal, state, local and/or income) on the value of the prize
awarded. Any United States resident to
whom a prize is awarded will be required to provide his or her Social Security
number for tax reporting purposes. Sponsor will file an IRS Form 1099 with the
Internal Revenue Service (or Canadian equivalent for Canadian winners) if the
retail value of the prize, or combined total of all
prizes received from SPONSOR in a calendar year, is $600.00 or greater. If a
winner refuses to provide his/her Social Security number, the winner will be
disqualified and an alternate winner will be selected in accordance with these
Official Rules.
All
prizes offered are being provided “as is” with no warranty or guarantee by Sponsor,
either express or implied. Any and all warranties
and/or guarantees on a prize (if any) are subject to the respective
manufacturer’s terms therefore, and winner agrees to look solely to such
manufacturer(s) for any such warranty and/or guarantee.
No transfer, substitution,
upgrade, credit, refund or cash equivalent for prizes
is allowed except at Sponsor’s sole discretion. Sponsor reserves the right, in its
sole discretion, to substitute a prize of equal or greater monetary value or
cash value for any prize.
A prize will be distributed after
the winner of such prize has been successfully contacted, has successfully
completed the winner verification process set forth in these Official Rules and
has fulfilled all other requirements of these Official Rules. A prize winner who fails to take delivery of
his or her prize shall be disqualified and such prize
shall be forfeited.
Sponsor’s failure to enforce any term of these
Official Rules shall not constitute a waiver of that provision. If for any reason the Sweepstakes is not capable of being
executed as planned, or if infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, action of Entrants, technical failures or any
other act, in the opinion of Sponsor, corrupts or affects the administration,
security, fairness, integrity, or proper conduct of these Sweepstakes, then Sponsor
reserves the right at its sole discretion to disqualify any suspect Entry or
Entrant and/or to cancel,
terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, notice thereof will be posted on the Website. If the
Sponsor decides to reconvene the Sweepstakes after a suspension, the determination of the prize winners will be made, from among all eligible, non-suspect Entries
received as of the date of the suspension, as Sponsor
determines in its sole discretion. Entries not complying with all rules are
subject to disqualification.
By
participating, an Entrant (if deemed a minor in the
jurisdiction he/she resides, then his/her parent and/or legal guardian) agrees
to forever and irrevocably release Sweepstakes Entities, and each of their
respective directors, officers, agents, employees, shareholders, affiliates,
successors and assigns (“Released Parties”), from any and all liability, claims,
lawsuits, causes of action, proceedings, demands, judgments, expenses, costs,
injuries, death, losses or damages of any kind caused by the Sweepstakes
and any element or activity thereof, Entrant’s
participation, entry or inability to participate or enter the Sweepstakes, the
unauthorized or illegal access to personally identifiable or sensitive
information collected by Sponsor, the acceptance, possession, use, redemption
of, delivery of, inability to use, defect in, or misuse of the prize,
Sponsor’s administration of the Sweepstakes, the lost, damaged, misdirected, or
late delivery of the prize, the collection, sharing and/or use of the Entrant’s
personally identifiable information by Sponsor or its designees and any
violation of any publicity, privacy, property or proprietary rights of entrant,
or any errors in the Official Rules or any promotional materials with respect
to the Sweepstakes.
Released
Parties shall not be liable for 1) failed, returned or misdirected
notifications based on inaccurate information provided by the winner on the Sweepstakes
entry form, 2) Entries and responses to winner notifications which are lost,
late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged
or otherwise not received by the intended recipient in whole or in part or for
computer or technical error of any kind, 3) any electronic miscommunications or
failures, technical hardware or software failures of any kind, lost or
unavailable network connections, or failed, incomplete, garbled or delayed
computer transmissions which may limit an Entrant's ability to participate in
the Sweepstakes, 4) any technical malfunctions of the telephone network,
computer on-line system, computer equipment, software, program malfunctions or
other failures, delayed computer transactions or network connections that are
human, mechanical or technical in nature, or any combination thereof, including
any injury or damage to Entrant's or any other person's computer related to or
resulting from downloading any part of this Sweepstakes or 5) any warranty of
fitness or merchantability of any prize or the function or operation thereof,
which shall be the sole responsibility of the manufacturer of the prize.
Unless
prohibited by applicable law, Entry constitutes permission to use an Entrant's
name, photograph, likeness, voice, address (city and state) and testimonials
throughout the universe, in all media, in perpetuity, in any manner Sponsor deems
appropriate for publicity purposes without any further compensation to such
entrant.
No more than the stated
number of prizes will be awarded. If, as a result of error relating to the entry process, drawing
or any other aspect of the Sweepstakes, there are more selected winners than
contemplated in these Official Rules, there will be a random draw among all
eligible selected winners after the Sweepstakes Period to award the correct
number of prizes.
DISPUTES:
Entrant (but if deemed
a minor in the jurisdiction in which he or she resides, Entrant’s
parent or legal guardian), agrees
that any and all disputes, claims and causes of action arising out of, or
connected with, the Sweepstakes or any prize awarded shall be resolved
individually, without resort to any form of class action, and exclusively by
the appropriate court located in San Diego County, California, U.S.A. Entrant further agrees that any and all
claims, judgments, and awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with entering this Sweepstakes but in no
event attorneys’ fees, and under no circumstances will Entrant be permitted to
obtain awards for, and Entrant hereby waives all rights to, claim punitive,
incidental and consequential damages and any other damages, other than out-of-pocket
expenses, and any and all rights to have damages multiplied or otherwise
increased. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE FOREGOING MAY NOT APPLY TO YOU. All issues and
questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, Entrant's rights and obligations, or
the rights and obligations of the Sponsor in connection with the Sweepstakes,
shall be governed by, and construed in accordance with, the laws of the State
of California, without giving effect to any choice of law or conflict of law
rules (whether of the State of California or any other jurisdiction), which
would cause the application of the laws of any jurisdiction other than the
State of California.
PRIVACY/USE OF PERSONAL
INFORMATION: All information collected by Sponsor in
connection with the Entries will be subject to Sponsor’s privacy policy
available at the Website.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes, each Entrant
(or if the Entrant is not of the age of majority in his/her state of residence, then his/her parent or legal
guardian) fully and unconditionally agrees to and accepts these Official Rules
and the decisions of the Sponsors and the Administrator, which are final and
binding in all matters related to the Sweepstakes. Winning any prize is contingent upon fulfilling all requirements set forth
herein.
ACKNOWLEDGEMENT AND RELEASE OF THIRD
PARTIES: ENTRANT ACKNOWLEDGES THAT This Sweepstakes is in no way sponsored,
endorsed or administered by, or associated with TWITTER, FACEBOOK, LINKEDIN or
InSTAGRAM (each, a “THIRD PARTY”). All
entry information is being provided to Sponsor and not to THIRD PARTY. ENTRANT
RELEASES AND FOREVER DISCHARES EACH THIRD PARTY FROM AND AGAINST ANY AND ALL
ACTUAL AND POTENTIAL, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED CLAIMS,
DEMANDS, CAUSES OF ACTION, LIABILITIES AND DAMAGES FOR PERSONAL INJURIES,
DEATH, DAMAGE OR LOSS TO PERSONAL PROPERTY, OR OTHER HARD OR LOSS OF ANY NATURE
WHATSOEVER SUSTAINED IN CONNECTION WITH THE RECEIPT, OWNERSHIP, USE, TRANSFER OR SALE OR OTHER DISPOSITION OF
THE PRIZE, AS WELL AS ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION THAT
ENTRANT MAY NOW HAVE OR MAY HEREAFTER HAVE FOR LIBEL, DEFAMATION, INVASION OF
PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, COMMERCIAL APPROPRIATION OR NAME
AND LIKENESS, INFRINGEMENT OF COPYRIGHT OR VIOLATION OR
MORAL RIGHTS OR ANY OTHER RIGHT ARISING OUT OF OR RELATING TO ANY OF THE RIGHTS
GRANTED BY ENTRANT TO THE SPONSOR.
OFFICIAL
RULES/WINNERS LIST: To receive a copy of the Official Rules or
complete list of winners, send a self-addressed stamped envelope, no later than
thirty (30) days after the end of the Sweepstakes Period, to: Nice North America LLC, 5919 Sea Otter Place,
Suite 100, Carlsbad, California 92010. Specify “One Home One Solution Giveaway
Sweepstakes Winners List or Official Rules”.
SPONSOR: Nice North America LLC,
5919 Sea Otter Place, Suite 100, Carlsbad, California 92010.
ADMINISTRATOR:
Sponsor’s employee responsible for managing and overseeing the proper running
of the Sweepstakes, including notification of potential winners
and delivering Prizes can be contacted at NiceMarketing@norteksc.onmicrosoft.com